2018 New Mexico Statutes
Chapter 59A - Insurance Code
Article 20 - Life Insurance and Annuity Contracts
Section 59A-20-5 - Incontestability.
There shall be a provision that the policy (exclusive of provisions relating to disability benefits or to additional benefits in the event of death by accident or accidental means) shall be incontestable, except for nonpayment of premiums, after it has been in force during the lifetime of the insured for a period of two (2) years from its date of issue.
History: Laws 1984, ch. 127, § 370.
Death of the insured within the two-year contestability period. — The death of the insured within the two-year contestability period rendered the incontestibility clause unenforceable and, because of the insured's misrepresentations about her health on the application form, the insurer properly refused to pay the death benefits. Crow v. Capitol Bankers Life Ins. Co., 1995-NMSC-018, 119 N.M. 452, 891 P.2d 1206.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Incontestable clause as affected by reinstatement of policy, 23 A.L.R.3d 743.
